Disclosure of pecuniary or personal interest
48AJ Disclosure of pecuniary or personal interest
A member of a governing board who has a pecuniary or personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board.
Maximum penalty: $25 000.
A member of a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a committee meeting.
Maximum penalty: $25 000.
A member of a governing board or a committee who has a pecuniary or personal interest in a matter being considered or about to be considered by the board or the committee—
must not vote, whether at a meeting or otherwise, on the matter; and
must not be present while the matter is being considered at the meeting.
Subsection (3) does not apply if—
a member of a governing board or committee has disclosed an interest in a matter under subsection (1) or (2); and
the board or committee (as the case requires) has at any time passed a resolution that—
specifies the member, the interest and the matter; and
states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member's conduct and should not disqualify the member from considering or voting on the matter.
Despite a provision of Schedule 3, if a member of a governing board is disqualified under subsection (3) in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.
The
Minister may by instrument in writing declare that subsection (3) or subsection (5), or both, do not apply in relation to a specified matter either generally or in voting on particular resolutions.
The
Minister must cause a copy of a declaration under subsection (6) to be laid before both Houses of Parliament within 14 sitting days after the declaration is made.
Particulars of a disclosure made under subsection (1) or (2) at a meeting of a governing board or committee of a governing board must be recorded—
in the minutes of the meeting; and
in a register kept by the board which must be reasonably available for inspection by any person.
A reference in subsection (3) to a matter includes a reference to a proposed resolution under subsection (4) in respect of the matter, whether relating to that member or a different member.
Subsection (2) applies to a person who is a member of a committee and also a member of a governing board even though the person has already disclosed the nature of the interest at a board meeting.
A contravention of this section does not invalidate any decision of the board.
Section
8 of the Public
Sector (Honesty and Accountability) Act 1995 does not apply to a member of a governing board.
In this section—
committee means a committee or subcommittee established by a governing board under Schedule 3 clause 9.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.